Marital Separation Agreement Template

This Separation Agreement (the "Agreement") is entered into on   (the "Effective Date") by and between   (the "Party 1"), an individual residing at  , and   (the "Party 2"), an individual residing at  , collectively referred to as the "Parties" and individually as the "Party". 

WHEREAS the Parties were married on   in  , but from  , the Parties have agreed to live separately and apart.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and upon other good and valuable consideration, the Parties do hereby agree as follows:

SUBJECT OF THE AGREEMENT. Except as otherwise provided in this Agreement, its primary purpose is to make a final and complete settlement of all rights and obligations between the Parties, including all property rights and, if applicable, matters related to child custody, visitation, child support, and spousal support.

TAX RETURNS. The Parties agree to file their individual federal and state income tax returns for the tax year   and all subsequent tax years as married filing separately unless otherwise required by the applicable law. Each Party shall accurately report their income, deductions, credits, and liabilities on their tax returns. Neither Party shall claim any income or deductions belonging to the other Party unless otherwise required by applicable tax regulations. Each Party shall be solely responsible for paying their individual federal and state tax liabilities arising from their respective income and financial activities. The Parties shall not be jointly or severally liable for any tax liabilities of the other Party.

The Parties acknowledge that they shall not file a joint federal or state income tax return for any tax year after the year of separation unless mutually agreed upon in writing.

If a tax refund is received due to overpayment of taxes withheld during the tax year   or subsequent tax years, both Parties shall be entitled to the refund attributable to their income and withholding.

WARRANTY. Each Party represents and warrants complete, current, and accurate disclosure of all financial matters to the other Party. Both Parties acknowledge that this Agreement is based upon such thorough and accurate disclosure.

TERM AND TERMINATION. This Agreement shall commence on the Effective Date and shall continue until  , or until further court order, death of either Party, or  , whichever occurs first. Either Party may terminate this Agreement without cause by providing   days prior written notice to the other Party.

The property division clause shall remain in effect after the termination or expiration of this Agreement.

GOVERNING LAW AND FUTURE DISPUTE SETTLEMENT. This Agreement shall be governed by and construed in accordance with the laws of the State of  , without regard to its conflict of laws principles. 

Any dispute, controversy, or claim resulting from or related to this Agreement, including its conclusion, interpretation, performance, breach, termination, or invalidity, shall be tried to be resolved by the Parties through negotiations and mediation. If no resolution is reached in the event of any dispute regarding this Agreement, the Parties agree that any lawsuit shall be settled in the court of the State of  .

NOTICE. Any notice or communication required under this Agreement shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address outlined in the opening paragraph or to such other address as one Party may have furnished to the other in writing, or to emails set forth below:

If to the Party 1:  .

If to the Party 2:  .

ASSIGNMENT. Neither Party may assign or transfer this Agreement.

BINDING EFFECT. This Agreement shall be binding upon the Parties hereto.

SEVERABILITY. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the Parties and supersedes any prior oral or written agreements.

WAIVER. The failure of any Party to enforce a particular provision of this Agreement shall not constitute a waiver of their right to enforce that provision in the future.

AMENDMENTS. This Agreement may be amended or modified only by a written agreement signed by both Parties. Any amendments to this Agreement shall be binding if they are in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement in   as of the Effective Date.